The implications of the UN convention for migrants and refugees with HIV. This presentation was given at AFAO's May 2009 General Meeting.

1. UN Convention on the Rights of People with Disability Implications for migrants and refugees with HIV

2. People with HIV have legal protection from discrimination under the federal Disability Discrimination Act 1992. The Migration Act 1958 is exempt from the Disability Discrimination Act 1992.

3. Health requirement applied to all prospective immigrants

4. Visa applications assigned against the health requirement 2004-05 Visa Applications 4 485 675 Health assessments 404 848 MOC assessments 161 077 Does not meet the health requirement 1 224 Health Waiver 156 The number of applications for Australian visas The number of visa applicants whose medical results are assessed by a Medical Officer of the Commonwealth (MOC) and a MOC opinion provided The number of visa applicants who did not meet the health requirement. These people will not be granted a visa unless a health waiver is approved The number of visa applicants who failed the health requirement, but have had the health requirement waived. These people are granted a visa The number of visa applicants who are required to undergo a health assessment (a medical examination, xray, or other medical tests) Source: Compiled by the ANAO, based on DIAC’s 2004 – 2005 estimates and procedural documents

8. Did not meet by disease or condition: July 2005 to February 2006 Source: DIAC, Integrated Client Server Environment Note: The data period is from 01 July 2005 to 28 February 2006. The graph displays only diseases/conditions in which 15 or more people did not meet the health requirement as a result of the disease/condition. These data represent 380 of the 800 people that did not meet the health requirement. The full range of diseases or condition shown by DIAC’s data was 104.

9. The UN Convention on the Rights of Persons with Disabilities The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

10. Definition of disability: Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others. - ‘Social’ model of disability - Likely to include HIV

12. The right to freedom of movement for people with disabilities? - Implications for immigration - The right to freedom of movement for people with disabilities? o Interpretive Declaration: ‘we consider that we do comply with those obligations under the convention. The process of immigration procedures apply equally to all applicants. They are also based on legitimate objective and reasonable criteria and our view is that they would not constitute discrimination in international law’. UN Convention ratified 14 July 2008